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Allahabad High Court
Mohd. Rafi vs State Of U.P. on 6 August, 2010
Court No. - 36

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18306 of 2010

Petitioner :- Mohd. Rafi
Respondent :- State Of U.P.
Petitioner Counsel :- Mohd. Irfan
Respondent Counsel :- Govt Advocate

Hon'ble Rajesh Chandra,J.

Heard learned counsel for the applicant and learned A.G.A.

It has been contended by the learned counsel for the applicant that
he was granted bail for the offences under Section 363, 366 I.P.C.
in Bail Application No. 11262 of 2010 passed on 24.05.2010.
Subsequently, the girl was recovered and the allegation of rape
was made by her, hence, Section 376 was also added against all
the accused.

It has further been contended that the statement of prosecutrix was
recorded under Section 164 Cr.P.C. in which the allegation of rape
has been levelled against the accused Shakir only. This fact has not
been disputed by learned A.G.A.

Considering the above facts that the accused-applicant has not
committed rape I feel that a case of bail is made out.

Let the accused-applicant Mohd. Rafi be released on bail in case
crime no. 29 of 2010, under Section 376 I.P.C., P.S. Tanda,
District Rampur, on his executing a personal bond and furnishing
two sureties each in the like amount to the satisfaction of the Court
concerned.

Order Date :- 6.8.2010
M/A.


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